SCHOLDER v. UNITED STATES

No. 68-224-S.

298 F.Supp. 1282 (1969)

Alex SCHOLDER, individually and on behalf of others similarly situated, Plaintiffs, v. UNITED STATES of America; Department of the Interior; Bureau of Indian Affairs; Stewart L. Udall, Secretary of the Interior; Robert L. Bennett, Commissioner, Bureau of Indian Affairs; William E. Finale, Director, Sacramento Office, Bureau of Indian Affairs; and Jess T. Town, Field Representative, Riverside, California Area Field Office, Bureau of Indian Affairs, Defendants.

United States District Court S. D. California.

April 23, 1969.


Attorney(s) appearing for the Case

George F. Duke, Lee J. Sclar, Santa Rosa, Cal., Richard B. Collins, Jr., Berkeley, Cal., Robert S. Pelcyger, David H. Getches, Escondido, Cal.; Alexander, Inman & Fine, Beverly Hills, Cal., for plaintiffs.

Edwin L. Miller, Jr., U. S. Atty., Charles J. Fanning, Asst. U. S. Atty., San Diego, Cal., for defendants.


MEMORANDUM OF DECISION

SCHWARTZ, District Judge.

This is a class action brought by individual Indians and Indian bands to enjoin the Secretary of the Interior and the Bureau of Indian Affairs from spending Indian irrigation project funds for the benefit of a non-Indian owner of land which is situated within an Indian irrigation system. The cause came on to be heard upon the parties' cross-motions for summary judgment.

The original complaint seeking...

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